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• 



JUN 19 1987 



WW LlbrtARY 



The 
{NORTH CAROLINA 

REGISTER 



IN THIS ISSUE. 



TIT! 



CORRECTION 

EXECUTIVE ORDERS 

PROPOSED RULES 

Chiropractic Examiners 

Human Resources 

NR & CD 

Nursing Home Administrators 

State Personnel 

State Treasurer 

FINAL RULES 
Corrections 

LIST OF RULES AFFECTED 

ISSUE DATE: JUNE 15, 1987 
Volume 2 • Issue 3 • Pages 170-198 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and amend- 
ments filed under Chapter 150B must be published in the Register. 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

State law requires that a copy of each issue be provided free 
of charge to each county in the state and to various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars ($95.00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, P. O. 
Drawer 11666, Raleigh, N. C. 27604, Attn: Subscriptions. 



ADOPTION, AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the Statutory 
Authority for the action; the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise; the text of the 
proposed rule or amendment; and the proposed effective date. 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy. In such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and at the office of the 
promulgating agency. 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register. 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Proposed action on rules may be withdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency. 



TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules. A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporary 
rule is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages 
of material of which approximately 35% is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-63(b). 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 2 1 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

( 1 ) In looseleaf pages at a minimum cost of two dollars and 
50 cents ($2.50) for 10 pages or less, plus fifteen cents 
($0.15) per each additional page. 

(2) On microfiche. The microfiche edition is revised semi- 
annually (March and October) and can be purchased for 
forty dollars ($40.00) per edition. Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche. The NCAC on microfiche is updated 
monthly by publication of a "List of Rules Affected" 
which sets out rules filed the previous month, the action 
taken, and the effective date of the change. This list is 
published in the North Carolina Register. 

Requests for looseleaf pages of rules or the NCAC on 
microfiche should be directed to the Office of Administrative 
Hearings. 



NOTE 

The foregoing is a generalized statement of the procedures to 
be followed. For specific statutory language, it is suggested that 
Articles 2 and 5 of Chapter 150B of the General Statutes by 
examined carefully. 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1, Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



North Carolina Register. Published monthly by the 
Office of Administrative Hearings, P. O. Drawer 11666, 
Raleigh, North Carolina 27604, pursuant to Chapter 150B 
of the General Statutes. Subscriptions ninety-five dollars 
($95.00) per year. 

North Carolina Administrative Code. Published in 
March and October by the Office of Administrative 
Hearings, P. O. Drawer 11666, Raleigh, North Carolina 
27604, pursuant to Chapter 150B of the General Statutes. 
Subscriptions forty dollars ($40.00) per edition. 



I 



NORTH 
CAROLINA 
REGISTER 




ISSUE CONTENTS 



I. CORRECTION 

Human Resources 
Notice . . . 



Office of Administrative Hearings 
P. O. Drawer 11666 
Raleigh, NC 27604 

(919) 733 - 2678 



II. EXECUTIVE ORDERS 

Executive Orders 47-49 



III. PROPOSED RULES 

Human Resources 

Facility Services 

Medical Assistance 
Licensing Boards 

Chiropractic Examiners 

Nursing Home 
Administrators 
NR&CD 

Wildlife Resources 
State Personnel 

Employee Benefits 
State Treasurer 

Investment Program 



[70 



171 



174 
174 

178 

182 

175 

183 

177 



Staff: 

Robert A. Melott, 

Director 
James R. Scarcclla, 

Deputy Director 
Molly Mason, 

Assistant Director 
Ruby Creech, 

Publications Coordinator 
Mary Fowler, 

Editorial Assistant 
Teresa Johnson, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
Tammy Poole, 

Records Clerk 



IV. FINAL RULES 

Corrections 
Prisons 



V. 



190 



LIST OF RILES AFFECTED 

Volume 12, No. 3 .... 193 

(June 1, 1987) 



VI. CUMULATIVE FNDEX ... 197 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(April 19S7 - March 1988) 



Issue 


Last Day 


Last Da\ 


Earliest 


Earliest 


* 


Date 


for 


for 


Date for 


Date for 


Earliest 




Liling 


Electronic 


Public 


Adoption 


Effectiye 






Liling 


Hearing 


by Agency 


Date 


******** 


******** 


******** 


******** 


******** 


******** 


04 15 87 


03 26 87 


04/02/87 


05 15 S7 


06 14 87 


09 01 87 


05 15 87 


04/27 87 


05/04 S7 


06/14/87 


07 14 S7 


10 01 87 


06 15 87 


05 26 87 


06 02/87 


07 15 S7 


08 14 87 


11 01 87 


07 15 87 


06 25 87 


07 02 S7 


OS 14 87 


09 13 87 


12 01 87 


08 14 8^ 


07 27 87 


OS 03 87 


09 13 87 


10 13 S7 


01 01 88 


09 15 87 


OS 26 87 


09 02 87 


10 15 87 


11 14 S7 


02 01 SS 


10 15 87 


09/25/87 


10 02 87 


11 14 87 


12 14 S7 


03 01 SS 


11 16 87 


10 27.87 


11 03 87 


12 16 S7 


01 15 SS 


04 01 88 


12 15 87 


11 23/87 


12 02 87 


01 14 88 


02 13 SS 


05 01 88 


dl 15 88 


12/28/87 


01 04 SS 


02 14/88 


03/15 88 


06 01.88 


02 15 SS 


01 26 88 


02 02 S8 


03 16 SS 


04 15/88 


07 01 88 


03 1 5 88 


02 24 88 


03 02 SS 


04 14 SS 


05 14 88 


08 01 88 



* The "Earliest Effectiye Date" is computed assuming that the agency files the 
rules with The Administrative Rules Review Commission the same calendar 
month as adoption by the agency and ARRC approyes the rules at the next 
calendar month mectins. 



CORRECTION 

CORRECTION TO NOTICE AS PUBLISHED IN THE NORTH 
CAROLINA REGISTER, VOLUME 2, ISSUE 2, ON PAGES 158-159. THE 
NOTICE SHOULD READ: 

Notice is hereby given in accordance with G.S. I SOB- 1 2 that the Srrrrtnrji of the. 
Department of Human Resources intends to amend regulation cited as 10 NCAC 
35E .03/5. 

The proposed effective date of this action is October 1 , 19S7. 

The public hearing- will be conducted at 10:00 a.m. on June 15. 1987 at 4th Floor 
Conference Room, Albemarle Building, 325 N. Salisbury Street, Raleigh, NC. 

Comment Procedures: Any interested person may present his/her comments either 
in writing three days prior to or at the hearing or orally at the hearing for a 
maximum of ten minutes. Any person may request information by writing or 
calling Victoria Voight, Office of Legislative and Legal Affairs, 325 N. Salisbury 
Street, Raleigh, NC 919-733-6920. 



NOR TH CAROLINA REGIS TER 1 70 



EXECUTIVE 

ORDERS 

EXECUTIVE ORDER NUMBER 47 

AMENDMENT TO EXECUTIVE ORDER 
NUMBER 27 

"NORTH CAROLINA FUND FOR 

CHILDREN AND FAMILIES 

COMMISSION" 

Under Executive Order 27 issued 
on September 8, 19S6, the North 
Carolina Fund for Children and 
Families Commission, hereafter 
referred to as "The Commission," 
was established under the office of 
the Governor. It has been made to 
appear that for the efficient 
administration of this Commission it 
should be placed in the Department 
of Administration, under the Youth 
Advocacy and Involvement Office. 

It has also been made to appear 
that in order to properly perform its 
duties, the Commission should be 
authorized to enter into an 
agreement with other entities to 
manage and invest and otherwise act 
as trustee for the North Carolina 
Fund for Children and Families, 
hereafter referred to as "The Fund." 

Therefore, by authority vested 
in me as Governor, by the 
Constitution and laws of North 
Carolina, IT IS ORDERED: 

Executive Order 27 is hereby 
amended to read as follows: 

Section 1. F STAR I ISHMFNT 

The North Carolina Fund for 
Children and Families Commission 
is hereby established. The 

Commission shall administer the 
North Carolina Fund for Children 
and Families which shall provide 
resources for intervention and 
treatment for victimized children and 
their families. The Commission 
shall be composed of five (5) 
members who will be appointed by 
the Governor to serve two (2) year 
terms plus the the following three (3) 
cabinet officers or their designees 
who shall serve as ex-officio 
members: Secretaries of the 
Department of Administration, 
Department of Crime Control and 
Public Safety, and Department of 
Human Resources. The Governor 
shall also appoint a Chairman of the 



Commission who, in the discretion 
of the Governor, may or may not be 
a member of the Commission. 
wimn 2 Fr\rTin\s 

(a) The Commission shall meet 
regularly at the call of the 
Chairman and may hold special 
meetings at any time at the call of 
the Chairman or Governor. 

(b) The Commission shall have 
the following duties: 

( 1) Enter into an agreement with 
such persons, corporation or 
foundation, as the Commission 
in its discretion determines to be 
appropriate, to manage and 
invest monies contributed to the 
Fund. Such an agreement shall 
further provide that such 
persons, corporation or 
foundation shall: 

(A) Act as Trustee for monies 
received by the North 
Carolina Fund for Children 
and Families. 

(B) Receive on behalf of the 
Commission gifts, bequests, 
and devises for deposit and 
investment into the Fund. 

(C) Oversee and manage the 
investment of monies in the 
Fund. 

(D) Pay monies out of the Fund 
as directed by the 
Commission. 

(2) Assess the critical needs of 
victimized children and their 
families. 

(3) Receive gifts, bequests, 

and devises for deposit and 
investment into the fund. 

(4) Solicit proposals for 
programs which will be aimed 
at meeting identified service 
needs. 

(5) Fstablish criteria for 
awarding of grants which shall 
include and emphasize the 
public-private partnership 
concept. 

(6) Fund programs that in the 
discretion of the Commission, 
effectively and efficiently treat 
and rehabilitate victimized 
children and their families. 

(7) Present a report to the 
Governor at the end of each 
fiscal year. 

(8) Make recommendations to 



171 



NORTH CAROLINA REGISTER 



the Governor for statewide 
replication of effective and 
efficient programs, 
(c) If, after entering into the 
agreement described in 

subparagraph 1 of subsection 
fb) of this Section, the 
Commission determines it is 
necessary' to qualify 

contributions to the Fund as 
charitable donations under the 
Federal Tax Laws and the 
corresponding sections of 
applicable State laws, the 
Commission is authorized to 
execute such additional 

documents as may be necessary 
to qualify contributions to the 
Fund as charitable donations 
under the tax laws of the United 
States and corresponding 
sections of applicable State law. 
Section I administration 

(a) A staff consisting of a 
director and other support staff 
may be employed by the 
Department of Administration 
to carry-out the duties and 
responsibilities of the 
Commission. 

(b) Subject to the availability 

of funds, members of the 
Commission may be reimbursed 
for travel and subsistence 
expenses as authorized by G.S. 
138-5. Funds for 

reimbursement as are available 
may be paid from the receipts 
of the fund or from the 
Department of Administration. 

(c) The administrative costs of 
the commission shall be 
provided for by the Department 
of Administration. 

(d) /Ml funds administered by 

the Commission shall be subject 
to audit bv the State Auditor. 

Section =L lAii'i imfn ;ta nnx 

and nrRATinx 

(a) This order shall be effective 
immediately. 

(b) This commission shall 
dissolve at the pleasure of the 
Governor. In the event of 
dissolution, the assets remaining 
in the fund will be turned over 
to one or more organizations 
which themselves arc exempt as 
organizations described in 
Sections 501(c)(3) and 170(c)(2) 



of the Internal Revenue Code of 
1954 or corresponding sections 
of any prior or future law, or to 
the Federal, State, or local 
government for exclusive public 
purposes. 
Done in Raleiuh, this the 28th 
day of April, 1987. 

EXECUTIVE ORDER NUMBER 48 

AMENDMENT TO EXECUTIVE ORDER 
NUMBER 43 

"NORTH CAROLINA EMERGENCY 
RESPONSE COMMISSION" 

The North Carolina Emergency 
Response Commission was 

established by Executive Order 
Number 43 pursuant to the 
Emergency Planning Community 
Right-to-Know Act of 1986, enacted 
by the United States Congress. 

It has been made to appear that 
the Secretary of the Department of 
Natural Resources and Community 
Development or Ins designee should 
be a member of this Commission. 

Therefore, by the authority 
vested in me as Governor, by the 
Constitution and laws of North 
Carolina. IT IS ORDFRFD: 

Sec ti on i- AMENDMENT 

The following language that 
appears in Section 1 of Executive 
Order 43 describing the persons that 
are to compose the Commission is 
deleted: 

"A representative of the 
Environmental Management 

Commission appointed by the 
Secretary of the Department of 
Natural Resources and 

Community Development." and 
at the same place in the Executive 
Order that such language is 
deleted, the following language is 
added: 

"The Secretary' of the Department 
of Natural Resources and 
Community Development or his 
designee." 

Sec ti on 2. CONTINUATION OF 

PREVIOUS EXECUTIVE 

ORDER 

All other sections and provisions 
of Executive Order 43 shall remain 
in effect. 



SORTH CAROLLXA REGISTER 



172 



Done in Raleigh, North Carolina 
this 14th day of May, 1987. 

EXECUTIVE ORDER NUMBER 49 

GOVERNOR'S ADVISORY 
COMMISSION ON MILITARY AFFAIRS 

By the authority vested in me 
as Governor by the Constitution and 
laws of North Carolina IT IS 
ORDERED: 

.sv.-tinn l ESTABLISHMENT 

I hereby establish the 
Governor's Advisory Commission 
on Military Affairs which shall be 
successor to the Governor's 
Advisory Commission on Military 
Affairs created under Executive 
Order Number 1 1 dated June 28, 
1985. The Commission shall be 
comprised of a least twenty-five (25) 
members appointed by the Governor 
to serve for a term of two (2) years. 
Membership shall consist of active 
and retired military personnel, State 
and local government officials, and 
local citizens who have an interest in 
or relationship to the military 
communtiy. The Governor shall 
designate one of the members as 
Chairman who shall serve at the 
pleasure of the Governor. 

Section -> MEETINGS 

The Commission shall meet 
regularly at the call of the chairman 
and may hold special meetings at 
any time at the call of the Chairman, 
the Governor, or the Secretary of 
Commerce. 

Section 2L Duties 

The Commission shall have the 
following duties: 

(a) I'rovidc a forum for the 
discussion of issues concerning 
major military installations in the 
State, active and retired military 
personnel and their families. 

(b) Formulate goals and 
objectives which enhance 
cooperation and understanding 
between the military components, 
the communities, our 
congressional delegation, the 



general public, and State, federal, 
and local governments. 

(c) Strengthen the State's role 

in securing defence related 
business for North Carolina 
businesses and in selling North 
Carolina products to North 
Carolina military bases. 

(d) Collect and study 
information related to supporting 
and strengthening the military 
presence within the State. 

(e) Review proposed military 
affairs legislation. 

(f) Advise the Governor on 
measures and activities which 
would support and enhance 
defense installations and military 
families within the State. 

Section A. ADMINISTRATION 

Support staff for the 
Commission shall be provided by 
the Department of Commerce. 
Members shall serve without 
compensation but may receive 
reimbursement contingent on the 
availability of funds, for travel and 
subsistence expenses in accordance 
with State quidelines and procedures. 

Section 3_ RESCISSION OF 

PREVIOUS EXECUTIVE 

ORDER 

Executive order Number 11, 
dated June 28, 1985, is hereby 
rescinded. All records of the 

Governor's Advisor)' Commission 
on Military Affairs created pursuant 
to said executive order, are 
transferred to the Commission 
created herein. The Commission 
herein shall be the successor to the 
Governor's Advisory Commisssion 
on Militarv Affairs. 

Section L EFFECTIVE DATE 

AND EXPIRATION 

This order shall be effective 
immediatelv and shall remain in 
effect until May 1, 1989, unless 
terminated earlier or extended by 
further Executive Order. 

Done in the Capital City of 
Raleitih, North Carolina, this the 
20th dav of Mav, 1987. 



173 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

Notice is hereby given in accordance 
with G.S. 1 SOB- 12 that the Division 
of Facility Services intends to amend 
regulation cited as 10 NCAC 3R 
.1003. 

The proposed effective date of this 
action is January 1, 19S8. 

The public hearing will be conducted 
at 2:00 p. m. on July 30, I9S7 at 
Administration Bldg.. 116 W. Jones 
St., Rm. 5034, Raleigh, NC 27611. 

Comment Procedures: Address 
written comments to: Maola Jones, 
Stale Health Planning Section, 701 
Barbour Drive, Raleigh, N. C. 
27603. The record will remain open 
from June 15, 1987 until July 29, 
1987. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF 
NEED REGULATIONS 

SECTION .1000 - SPECIAL CRITERIA 
AND STANDARDS: IN GENERAL 

.1003 STATE MEDICAL FACILITIES 
PLAN 

(a) The 13&Z H)S8 North 
Carolina State Medical Facilities 
Plan contains the following 
information: 

( 1 ) inventory of certain categories 
of impatient and outpatient 
health care facilities, including 
number of beds and utilization 
of such; 

(2) type of services provided by 
each category of health care 
facility; 

(3) projections of need for acute 
care hospital (including 
rehabilitation services), 
long-term care faculties 
(including nursing homes and 
home health agencies), mental 
health facilities and end-stage 
renal dialysis services for various 
geographical areas of the state; 

(4) statement of policies related 
to acute care faculties, 
rehabilitation services, long-term 
care, psychiatric facilities, 
chemical dependency facilities, 



and faculties for intermediate 

care for the mentally retarded, 

which are used with other 

criteria contained in this 

Subchapter and in G.S. 

13 IE- 183 and need projections 

to determine whether 

applications proposing 

additional beds and services of 

these types may be approved 

under the certificate of need 

program. 

(b) This plan can be obtained 

from the Division of Facility 

Services, 701 Barbour Drive, 

Raleigh, North Carolina, at a cost of 

forty dollars ($40.00) per copy. This 

plan is also available for inspection 

at the Division of Facility Services. 



Statutory 
131E-177(1). 



Authority 



G.S. 



Notice is hereby given in accordance 
with G.S. 1 SOB- 12 that the Division 

of Medical Assistance intends to 
amend regulation cited as 10 NCAC 
SOB .0313. 

The proposed effective date of this 
action is November 1 , 1987. 

The public hearing will be conducted 
at 1:30 p.m. on July 15, 1987 at 
North Carolina Division of Medical 
Assistance, 1985 U instead Drive, 
Room 201, Raleigh, NC 27603. 

Comment Procedures: Written 

comments concerning this amendment 
must be submitted by July 15, 1987 
to: Director, Division of Medical 
Assistance, 1985 U instead Drhe, 
Raleigh, NC 27603. Oral comments 
may be presented at the hearing. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER 50B - ELIGIBILITY 
DETERMINATION 

SECTION .0300 - CONDITIONS FOR 
ELIGIBILITY 

.0313 INCOME 

(b) Income from the following 
sources is not counted in the 
calculation of Medicaid eligibility: 

(35) Title XX funds received to 
pay for services rendered by 
another individual or agency; 

(36) Any amount received as a 



NORTH CAROLISA REGISTER 



174 



PROPOSED RULES 



refund of taxes paid. 



Statutory 


Authority 




G.S. 


10SA-25(b), 


108.4-6 1; 


42 


CFR 


435.731; 42 


CFR 435.732, 


42 


CFR 


435.733; 42 


CFR 435.811, 


42 


CFR 


435.812; 42 


CFR 435.831; 


42 


CFR 


435.832; 42 


CFR 435.1007 


■ 45 


CFR 


233.20. 









TITLE 15 - DEPARTMENT OF 

NATURAL RESOURCES AND 

COMMUNITY DEVELOPMENT 

Notice is hereby given in accordance 
with G.S. 1 SOB- 12 that the Wildlife 
Resources Commission intends to 
amend regulation cited as 15 XCAC 
10B .0115 (b) and (c). 

The proposed effective date of this 
action is November 1, 1987. 

The public hearing will be conducted 
at 7:30 p.m. on July 16. 1987 at 
Superior Courtroom on the second 
floor of the Washington County 
Courthouse in Plymouth. North 
Carolina. 

Comment Procedures: Interested 
persons may present their views either 
orally or in writing at the hearing. In 
addition, the record of hearing will 
remain open for receipt of written 
comments from July I, 198 7 , to 5:00 
p. m. on July 31 . 1987. Such written 
comments must be delivered or 
mailed to the N. C. Wildlife 
Resources Commission, Archdale 
Bid?., 512 N. Salisbury St., Raleigh, 
NC 27611. 

CHAPTER 10- WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL 
REGULATIONS 

.0115 SHINING LIGHTS IN 
DEER AREAS 

(b) No person shall, between the 
hours of 11:00 p.m. and one-half 
hour before sunrise, intentionally 
shine a light upon a deer or 
intentionally sweep a light in search 
ot deer in the indicated portions of 
the following counties: 

(37) Washington- -entire county: 
(Ji) (3S) Wayne—entire county. 



(c) No person shall, between the 
hours of one-half hour after sunset 
and one-half hour before sunrise, 
intentionally shine a light upon a 
deer or intentionally sweep a light in 
search of deer in the indicated 
portions of the following counties: 

(£74 Washington — entire county ; 

(J&) (37) Watauga--entire county; 

(J&4 (38) Wilkes--entire county; 

(40) (39) Yadkin--cntire county; 

(44-) (40) Yanccy--entire county. 

Statutory Authority G.S. 113-/34; 
113-291.1. 

Notice is hereby given in 
accordance with G.S. I50B-12 that 
the Wildlife Resources Commission 
intends to adopt regulation cited as 
15 NCAC 10B .0121. 

The proposed effective date of this 
action is November 1, 1987. 

The public hearing will be 
conducted at 10:00 a.m. on July 
21, 1987 at Room 386. Archdale 
Bldg., 512 N. Salisbury Street, 
Raleigh, NC. 

Comment Procedures: Interested 
persons may present their views 
either orally or in writing at the 
hearing. In addition, the record of 
the hearing will be open for receipt 
of written comments from July 1, 
1987, to 5:00 p.m. on July' 31, 
1987. Such written comments 
must be delivered or mailed to the 
Wildlife Resources Commission, 
Archdale Bldg., 512 N. Salisbury 
Street.. Raleigh, North Carolina, 
27611. 

.0121 WILD BIRD EXCLUSIONS 

The English sparrow (Passer 
domestieus), the domestic pigeon 
(Columba livia) and the starling 
(Sturnus vulgaris) are specifically 
excluded from the definition of "wild 
birds" contained in G. S. 113-129 
(15a). 

Statutory Authority G.S. 113-134; 
113-129 (15a). 

Notice is hereby given in accordance 
with G.S. 150B-12 that the Wildlife 
Resources Commission intends to 



175 



NORTH CAROLINA REGISTER 



PROPOSED RILES 



amend regulations cited as 15 NCA C 
IOC .0205; IOD .0002 and .0003. 

The proposed effective date of this 
action is November 1 , I9S7. 

The public hearing will be conducted 
at 1:00 p.m. on July 21, 19S7 at 
Room 386, Archdale Bldg., 512 N. 
Salisbury Street, Raleigh, NC. 

Comment Procedures: Interested 
persons may present their views either 
orally or in writing at the hearing. In 
addition, the record of the hearing 
will be open for receipt of written 
comments from July 1 , 1987, to 5:00 
p.m. on July 31, 1987. Such written 
comments must be delivered or 
mailed to the Wildlife Resources 
Commission, 512 N. Salisbury St., 
Raleigh, NC 27611. 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 

SECTION .0200 - GENERAL 
REGULATIONS 

.0205 PUBLIC MOUNTAIN 
TROUT WATERS 

(a) Designation of Public 
Mountain Trout Waters. On game 
lands located in western North 
Carolina certain waters are classified 
and designated as public mountain 
trout waters. Those not further 
specifically classified as native trout 
waters are classified as general trout 
waters. (See 15 NCAC IOD .0004) 
Other streams, portions of streams 
and bodies of water which are not 
located on game lands arc designated 
within this Rule as public mountain 
trout waters and are classified as 
general or native trout waters. 
These waters are posted and lists 
thereof are filed with the clerks of 
superior court of the counties in 
which they are located. 

(1) General Trout Waters. The 
general public mountain trout 
waters which are not located on 
game lands are designated in 
this Subparagraph under the 
counties where located. 

Indentation indicates the 
watercourse named is tributary 
to the next preceding 
watercourse named and not so 
indented. The designation 

applies to the entire water 



course or impoundment named 

except as otherwise indicated in 

parentheses following the name. 

Other clarifying information 

may also be included 

parenthcticallv: 

(X) Wilkes County: 

Yadkin River (not trout water) 

Roaring River (not trout water) 

East Prone (headwaters to 

Brewer's Mill on SR 1943) 

Middle Prong (headwaters 

to second bridge on SR 1736) 

Lovelace Creek 

(Thurmond Chatham Game 

Land boundary to mouth) 
Mulberry Creek (not trout 

water) 

Harris Creek (end of SR 
1736 to mouth) 
Reddies River (not trout water) 

North Fork (Vannoy Creek) 
(headwaters to Union 

School bridge on SR 1559) 
North Prong (Darnell 
Creek) (downstream ford on 

SR 1569 to mouth) 

Middle Fork (Clear Prong) 
(headwaters to bridge on 

SR 1580) 
South Fork (headwaters to 
NC 16 bridge) 
Lewis Fork (South Prong) 

(headwaters to Lewis Fork 

Baptist Church) 

Fall Creek (except portion 

posted against trespass) 

Stony Fork Creek (headwaters 

to Mt. Zion bridge near 

intersection of SR 1155 and 

SR 1167) 

Wildcat Creek 

Statutory Authority G.S. 113-134; 
113-272; 113-292. 

SUBCHAPTER 10D - GAME LANDS 
REGULATIONS 

.0002 GENERAL REGULATIONS 
REGARDING USE 

(f) Trapping. Subject to the 
restrictions contained in 15 NCAC 
10B .0110, .0302 and .0303, trapping 
of furbearing animals is permitted on 
game lands during the applicable 
open seasons, except that trapping is 
prohibited: 

( 1 ) on the field trail course of 
the Sandhills Game Land and 
the area adjoining the field trial 



NORTH CAROLINA REGISTER 



176 



PROPOSED RULES 



course on the north which is 
bounded on the east by SR 
1003, on the north by Naked 
Creek and on the west by A-6 
Lane; 

(2) on the Harmon Den and 
Sherwood Bear Sanctuaries in 
Haywood County; 

(3) in posted "safety zones" 
located on any game land; 

(4) by the use of multiple sets 
(with anchors less than 15 feet 
apart) or bait on the National 
Forest Lands bounded by the 
Blue Ridge Parkway on the 
south, US 276 on the north and 
east, and NC 215 on the west; 

(5) on that portion of the Butner 
Game Land marked as the 
Penny Bend Rabbit Research 
Area; 

(6) on those areas of state-owned 
land known collectively as the 
Roanoke River Wetlands and 
including the Broadneck, 
Company Swamp, Conine 
Island, Speller-Outlaw and 
I rquhart tracts. 

Statutory Authority G. S. 113-134; 
113-264; 113-291.2; 113-291.5; 
113-305. 

.0003 HUNTING ON GAME 
LANDS 

(d) Hunting Dates 
(5) Except as otherwise 

indicated, the following game 
lands or indicated portions 
thereof are closed to all hunting: 
Caswell County--Caswell 

Game Land (that portion 
designated and posted as a 
"safety zone") 
Dare County-- Dare Game 

Lands (those parts of 
bombing range posted against 
hunting) 
Gaston, Lincoln and 

Mecklenburg Counties 

—Cowan's Ford Waterfowl 
Refuge (except for youth 
eithcr-sex deer hunts by 
permit only on October 4 and 
H) 
Roanoke River Wetlands 

(except by holders of special 
permits authorizing deer 
hunting on the Broadneck, 
Company Swamp and 
Conine Island tracts in Bertie 



County and - the 

Speller-Outlaw tract in 
Martin County; and except 
by holders of special permits 
authorizing waterfowl and 
small game hunting on the 
Conine Island tract on 
Wednesdays and Saturdays 
during January, such permits 
to be issued by authorized 
representatives of the Wildlife 
Resources Commission) 

Statutory Authority G.S. 113-134; 
113-264; 113-291.2; 113-291.5; 
113-305. 



TITLE 20 - DEPARTMENT OF 
STATE TREASURER 

Notice is hereby given in accordance 
with G.S. 1 SOB- 12 that the State 
Treasurer intends to adopt, and 
amend regulations cited as 20 NCAC 
1G .0504; .0505; .0506; .0507; and 
.0508. 

The proposed effective date of this 
action is December 1 , 19S7. 

The public hearing will be conducted 
at 10:00 a.m. on August 19, 1987 at 
Conference Room (Room 100), 
Department of State Treasurer, 325 
N. Salisbury Street, Raleigh, North 
Carolina. 

Comment Procedures: A written 
copy of comments will be required of 
all persons wishing to speak at the 
public hearing. 

CHAPTER t - DEPARTMENTAL RULES 

SUBCHAPTER 1G - INVESTMENT 
PROGRAM 

SECTION .0500 - REAL ESTATE 
INVESTMENT FUND 

.0504 ALLOCATION OF INCOME 
TO PARTICIPANTS 

Each December M- and- June JO At 
the end of each calendar quarter, all 
income and gains or losses earned 
less the investment fund's share of 
the expenses of investment 
management for the si* month 
period then ending shall be 
distributed prorata based on the 
average number of ownership units 
owned by each participant. 



177 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Distributions shall be made in 
ownership units to the credit of the 
participant at the close of business 
on the day of distribution. 

Statutory Authority G.S. 147-69.3(j). 

.0505 VALUATION OF OWNERSHIP 
UNITS 

(a) Bach month calendar quarter 
the ownership units in the fund shall 
be valued at market price on the last 
working day of the month calendar 
quarter. The value oT each 

ownership unit shall be determined 
by dividing the total net assets as 
defined in Paragraph (b) of this Rule 
by the total number of ownership 
units actually standing to the credit 
of all participants at the time of 
valuation. The valuation shall be 
determined before the purchase of 
new units and the sale of existing 
units to be effective that month. 

Statutoiy Authority G.S. I74-693Q). 

.0506 PURCHASE OF OWNERSHIP 
UNITS 

(a) Participants shall purchase 
ownership units in the investment 
fund on the last day of a calendar 
month quarter in which the State 
Treasurer determines that the size of 
the Real Estate Investment Fund 
shall be increased. 

(c) Purchases shall be effective at 
the close of business on the last 
calendar day of the month calendar 
quarter. If the last day falls on a 
Saturday or Sunday, the transaction 
will be effective on that date. All 
transactions shall be affected by a 
transfer of cash from the Short-Term 
Investment Fund from balances 
previously deposited therein to the 
credit of the participant. 

Statutory Authority G.S. l47-693(j). 

.0507 REDEMPTION OF OWNERSHIP 
UNITS 

(a) Participants shall redeem 
ownership units in the investment 
fund on the last day of a calendar 
month quarter in which the State 
Treasurer determines that the size of 
the Real Estate Investment Fund 
shall be decreased. 

(c) Redemptions shall be effective 
at the close of business on the last 
calendar day of the month calendar 



quarter. If the last day falls on a 
Saturday or a Sunday, the 
transaction will be effective on that 
date. All transactions shall be 
affected by a transfer of cash to the 
Short-Term Investment Fund as 
balances to be deposited therein to 
the credit of the participant. 

Statutory Authority G.S. I47-69.3(j). 

.0508 REBALANCING OF OWNERSHIP 

When four calendar quarters have 
passed without a purchase or 
redemption of ownership units, the 
State Treasurer shall rebalance the 
ownership in the investment fund in 
any manner he deems appropriate 
which is not inconsistent with this 
Section. 

Statutory Authority G.S. 147-69.3. 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARDS 

Notice is hereby given in accordance 
with G.S.' 1 SOB- 12 that the Board of 
Chiropractic Examiners intends to 
amend and repeal regulations cited as 
21 NCAC 10 .0102 - .0103; .0201; 
.0203 - .0205; .0301; .0404; .0603; 
.0707. 

The proposed effective date of this 
action is November 1, 1987. 

The public hearing will be conducted 
at 10:00 a.m. on August 20, 1987 at 
Holiday Inn - Four Seasons, 1-85 at 
High Point Rd. Exit, Greensboro, 
N.C. 

Comment Procedures: Written 

comments may be mailed to the 
Secretary of the Board at any time 
prior to August 20, 1987 . Persons 
desiring to make oral presentation 
should notify the Secretary in writing 
no later than August 15, 1987. 

CHAPTER 10 - BOARD OF 
CHIROPRACTIC EXAMINERS 

SECTION .0100 - ORGANIZATION OF 
BOARD 

.0102 GENERAL PURPOSE OF BOARD 

(b) The board regulates the 
practice of chiropractic by: 

(1) determining the qualifications 



NORTH CAROLINA REGISTER 



178 



PROPOSED RULES 



of persons seeking to practice 
chiropractic and authorizing 
persons who have met the 
statutory requirements the 
privilege to so practice; and 

(2) enforcing the statutory 
provisions governing the 
practice of chiropractic and 
those duly enacted rules and 
regulations designed to ensure a 
high degree of competence and 
professionalism in the practice 
of chiropractic; 

(3) certifying the education of 

assistants and or X-ray 

■_ 

technologists who perform 
diagnostic imaging services in 
chiropractic facilities. 

Statutory Authority G.S. 90-142. 

.0103 STRUCTURE OF BOARD 

U4 Creation and Membership of 
Board to Examiners , 
(to) IE-he State Board of 

Chiropractic E xaminers is 
created to consist of seven 
members appointed by the 
Governor , Lieutenant Governor 
and Speaker to the House . Si* 
of the members shall be 
practicing doctors ©£ 

chiropractic , who are residents 
©4- t hi s State a nd who h ave 
actively practiced chiropractic » 
the- State of North Carolina far 
at least eight consecutive years 
immediately preceding their 
appointments; tout- of these six 
members shall be appointed by 
the Governor , and one each by 
the Lieutenant Governor and 
Speaker of the House . V 
more than three members of the 
board may be- graduates of the 
same college or school of 
chiropractic . The other 

member shall he a person 
chosen by the Governor to 
serve a fou r year term or unt il 
bis successor is appointed and 
qualified , to- represent the public 
at. large . -the public member 
shall not be a health eare 
provider nor the spouse of a 
health cate provider , E©r 

purposes ©f board membership . 
"health care provider" means 
any licensed health care 
prolessional and any agent or 



employee of any health care 

institution , health care insurer , 

health care professional school , 

©r a member of any allied 

health profession , J-ut purposes 

of this Section, a person 

enrolled » a program to- prepare 

torn to. be a licensed health care 

professional or an allied health 

professional shall be deemed a 

health ease provider , Itor 

purposes of this Section , any 

person with significant financial 

interest in a health service or 

profession is not. a public 

member, 

(2) Aff board members serving on 

.tone 20* 19&U shall be eligible 

to complete their respective 

terms . Xa member appointed 

to the board on or after J-uiy T. 

1981 , shall sen's more than too 

complete consecutive three - year 

terms , except that each member 

shall sen~e until his successor is 

chosen and qualifies , The 

Lieutenant Governor and 

Speaker of the House , 

respectively , shall tiil the first 

and second vacancies in 

chiropractic members of the 

board arising by expiration of 

term after July T, 1981. a nd 

shall continue to appoint their 

respective successors ; the 

Governor shall 1+14 ah other such 

vacancies arising by expiration 

of term . 

(d) The Governor , Lto Governor 

or Speaker of the House may 

remove any member appointed 

by him for good cause shown 

and may appoint persons to f+U 

unexpired terms of members 

appointed by him . 

(h) Selection of Chiropractic 

Members of Board , 'The Governor , 

Lieutenant Governor and Speaker of 

the House shall appoint chiropractic 

members of the board for terms of 

three years from a tot provided by 

the board , Jtor each vacancy , the 

board must submit at least three 

names to the Governor . Lieutenant 

Governor and Speaker of the House , 

4-he board shall establish procedures 

for the nomination and election of 

chiropractic members . These 

procedures s hall be adopted under 

Article 2 of Chapter -toGA of the 



179 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



General Statutes , ami notice of the 
proposed procedures shall be given 
to all licensed chiropractors residing 
in North Carolina , These 

procedures shall not conflict with the 
provisions of this Section . Every 
chiropractor with a current North 
Carolina license residing in th+> State 

elections , and the list of licensed 
chiropractors shall constitute the 
registration 1+st for- elections . Any 
decision of the board relative to the 
conduct of such elections may be 
challenged by civil action m the 
Wake County Superior Court . A 
c h alle ntze must be fi led not In ter than 
10 days after the board ha* rendered 
the decisions m the controversy , and 
^ 1} s u c h c ases shall be heard de 
novo . 

(a) Creation and Membership of 
Board ol Examiners. The creation 
and membership of the board are 
governed by G.S. 90-139, which 
statute is herewith adopted by 
reference. 

(b) Selection of cliiropractic 
members of the board. Selection of 
board members is governed by G.S. 
90-140, which statute is herewith 
mcorporated by reference. 

Statutory Authority G.S. 90-142; 
lSQB-9(d). 

SECTION .0200 - PRACTICE OF 
CHIROPRACTIC 

.0201 REQUIREMENT FOR LICENSING 

U4 General , An individual mus t be 
licensed by the board tu practice 
chiropractic in North Carolina . In 
order to be licensed an individual 
must comply with the detailed 
requirements of G . S , 90 - 1 4 3 which 
generally provide that an applicant 
shall be of good character , a 
graduate from a regular chiropractic 
school of good standing , and shall 
have successfully completed written 
and oral examinations on the 
principles and practice of 
chiropractic . 

(b4 Applicants Licensed in other 
States , If an applicant for- licensure 
is already licensed in another state to 
practice chiropractic , the board shall 
issue a license to practice 
chiropractice to the applicant upon 
evidence that ; 



(44 the applicant is currently an 
active , competent practitioner 
and is in good standing ; and 

(2) the applicant has practiced at 
least on e year ou t of t he th ree 
years immediately preceding In* 
or her- application ; and 

(d) the applicant currently holds 
a valid license in another state ; 

(4) no disciplinary proceeding or 

unrcsolvcd complaint i* pending 

anywhere at the tune and 

license is to be issued by this 

State ; and 

(-JH the licensure requirements in 

the other state are equivalent to 

or higher than those required by 

tins State . 

Any license issued upon the 

application of any chiropractor from 

any other state shall be subject to an 

of the provisions of this Article with 

reference to the license issued by the 

State Board of Chiropractic 

Examiners upon examination , and 

the rights and privileges to practice 

the profession of chiropractic under 

any license s» issued shall be subject 

to the same duties , obligations , 

restrictions , and conditions ax 

imposed by thi*. Article on 

chiropractors originally examined by 

the State Board of Chiropractic 

Examiners . 

(e) Good Character . Ihe good 
character of an applicant is 
considered in determin ing whether 
an applicant is eligible to be licensed 
to practice chiropractic and further 
places the responsibility of furnishing 
to the board satisfactory proof of 
good character upon the applicant . 
Good character is defined by the 
board as being generally good 
conduct , reputation , and the use of 
good discretion in the conduct of 
everyday affairs in personal , 
busine s s , and educational pursuits . 
An applicant may not possess good 
character if the individual has been 
found guilty of any offense described 
in Paragraph . 0301(a) of this Rule . 
(d) Education . 4d»e education of 
an applicant is considered in 
determining whether an applicant is 
eligible to be licensed to practice 
chiropractic . -tha specific 

educational requirements to be 



NORTH CAROLINA REGISTER 



ISO 



PROPOSED RULES 



eligible to he licensed 14+ the practice 
of chiropractic arv4 

U4 satisfy the board that, he ha* 

completed two years of 

prechiropractic college 

education and received credits 

to* a minimum of sixty semester 

hours; 

(-2) exhibit a diploma or furnish 

proof of graduation from a 

chiropractic college accredited 

by the Council on Chiropractic 

Education or holding recognized 

candidate for accreditation 

status u4th the Council on 

Chiropractic Education or a 

college teaching chiropractic 

that , m the board's opinion , 

meets the equivalent standards 

established by- the Council on 

Chiropractic Education , 

requiring an attendance of not 

less than four academic years, 

ana supplying - such facilities for 

clmical and scientific 

instruction , as shall meet the 

approval of the board , 

(a) General. In order to be 

licensed to practice chiropractic in 

North Carolina, an applicant must 

satisfy the criteria established by 

G.S. 90-143. which statute is hereby change. 



adopted by reference. 

(b) Applicants licensed in other 
states (reciprocity). The issuance of 
Licenses to applicants already licensed 
in other states is governed by G.S. 
90-143.1. which statute is herewith 
adopted by reference. 

(c) Good Character. "Good 
character" as used in G.S. 90-143 is 
defined by the board as generally 
good conduct and reputation, and 
the use oi appropriate discretion in 
personal, educational or business 
pursuits. 

Statutory Authority 
90-143; 150B-9(dj. 



G.S. 90-142; 



.0203 EXAMINATIONS 

(j) Remedial Education. 



candidate who fails any 



A 

art 



)f his 



examination three times will not be 
permitted to re-take the examination 
until he first satisfies the board that 
he has successfully completed at 
least one term of remedial education 
at an approved chiropractic college 
in the subject or subjects repeatedly 



failed. Eor purposes of this Section. 
a failing grade is a grade below 
sixty-five percent, 
(k) Review of Examination 
Results. An applicant who has been 
denied licensure because of failing 
examination grades may request a 
review of his answers provided his 
request is made in writing and 
received by the secretary of the 
board not later than 20 days after 
issuance of the examination results. 



I he review shall be limited to a 
re-tabulation of the applicant's test 
scores to make certain no clerical 
errors were made in grading. 
Applicants shall not be permitted to 
discuss their examinations with 
board members, graders or test 
administrators. 



Statutory Authority G.S. 90-/43. 

.0204 LICENSURE 

(c) Change of Address. It shall 
be th_£ responsibility of the licensee 
to inform the board of changes in 
his mailing address. I pdated 

address information should be 
forwarded to the secretary in writing 
within 30 days after any such 



Statutory Authority G.S. 90-142. 

.0205 RENEWAL AND EXPIRATION OF 
LICENSE 

(4) Expiration. A chiropractic 
licensee's license to practice 
chiropractic in North Carolina 
shall automatically be cancelled 
30 days after the first Tuesday 
after the first Monday in January 
of each year unless renewed as 
provided in these Rules. Any 
licensee's license so cancelled 
may, in the sole discretion of the 
board, be restored upon the 
former licensee's showing 

evidence of good moral character, 
proper proficiency, and the 
payment of the renewal fee and 
an additional twenty-five dollars 
($25.00) reinstatement fee. 
Practitioners applying for 
reinstatement shall also be 
charged a tee tor the evaluation 



pro 



iciencv, which fee shall be 



in an amount equal to the tee 
charged reciprocity licensure 
applicants. 



181 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority 
90-155. 



G.S. 90-149; 



SECTION .0300 - RULES OF 
UNETHICAL CONDUCT 

.0301 RULES OF UNETHICAL 
CONDUCT (REPEALED) 

Statutory Authority G.S. 90-142; 
90-154. 

SECTION .0400 - RULE-MAKING 
PROCEDURES 

.0404 HEARING 

(g) Statement of Reasons for 
Decision 

(4) Any interested individual 
desiring a concise statement of 
the. principal reasons for- and 
against the adoption of a rule 
by the board and the. factors 
that led to overruling the 
considerations urged against its 
adoption , may submit a request 
to the. secretary of the board , 
(2) for purposes of Subsection 
U*4 of this Rule , an "interested 
person" shall be- any person(s) 
whose ri glits , duties, or 
privileges might be affected by 
the. adoption of the. rule- in 
question , or any group or 
organization of persons whose 
right s, duties or privileges might 
be affected by the rule, 
P>4 The- request must be- made in 
writing and submitted prior to 
adoption of the rule or within 
30 days thereafter . 
(g) Statement of Reasons for 
Decision. Any person whose rights, 
duties or privileges might be affected 
by a proposed rule may submit a 
request to the board "Tor a concise 
statement of the reasons for and 

rule has 



against adoption. After a 
been adopted, any person affected 
thereby may request a statement 
summarizing the tactors which led 
the board to reject considerations 
urged against its adoption. Such 
should be in writing, 



requests 

addressed to the secretary 7 , and 

should be made either prior to 

adoption or within 30 days after 

adoption. 

Statutory Authority G.S. 150B-12. 



SECTION .0600 - CONTESTED CASES 

.0603 NOTICE OF CONTEMPLATED 
BOARD ACTION 

(b) If the licensee or applicant does 
not mail a request for an 
administrative hearing within the 
time and in the manner required by 
this Section, the board may take the 
action contemplated in the notice. 
If the licensee or applicant docs mail 
a request for an administrative 
hearing as required by this Rule, the 
board shall within 20 days of receipt 
of such request notify the licensee or 
applicant of the time and place of 
the hearing, which hearing shall be 
held not more than 30 nor less than 
-fQ J_5 days from the date of the 
service of such notice. 

Statutory Authority G.S. 150B-38. 

SECTION .0700 - ADMINISTRATIVE 

HEARINGS: DECISIONS: RELATED 

RIGHTS AND PROCEDURES 

.0707 DECISION OF BOARD 

(a} Manner and Time of 
Rendering Decision . After a hearing 
has been completed the board shall 
proceed to consider the ease and as 
soon as practicable shall render their 
deci s ion . T-he decision must be 
rendered within 90 days after the 
hearing , 

(a) Manner of Rendering 
Decision. After a hearing has been 
completed the board shall proceed to 
consider the case and as soon as 
practicable shall render its decision. 

Statutory Authority G.S. 150B-38. 

Notice is hereby given in accordance 
with G.S. 150B-I2 that the 
Examiners for Nursing Home 
Administrators intends to amend 
regulation cited as 21 NCAC 37 
.0519 (b) and (d). 

The proposed effective date of this 
action is November 1, 1987. 

The public hearing will be conducted 
at 10:00 a.m. on July 28, 1987 at 
Hearing Room, Room 201, 70/ 
Barbour Drive, Raleigh, N. C. 
(Parking available in lower parking 
lot.) 



NORTH CAROLINA REGISTER 



182 



PROPOSED RULES 



Comment Procedures: Written 

comments may be sent to N.C. State 
Board of Examiners for NHA; 701 
Barbour Drive, Room 102; Raleigh, 
N. C. 27603. Requests for an 
opportunity to present oral testimony 
and a summary of the testimony must 
be received at this address no later 
than July 21, 19S7. 



State Personnel intends to adopt, and 
amend regulations cited as 25 NCA C 
IE .0704; .0705; .0706; .0707; .0708; 
.0709; .0710; and .0711; 1H .0605; 
.0616; and .06/7; IL .0001; .0002; 
.0004; and .0005. 

The proposed effective date of this 
action is November 1 , 1987. 



CHAPTER 37 - NURSING HOME 
ADMINISTRATORS 

SECTION .0500 - 
ADMINISTRATOR-IN-TRAINING 

.0519 EXEMPTION FOR PREVIOUS 
EDUCATION AND EXPERIENCE 

(b) An applicant with two years 
of college level education and no 
experience will be required to train 
for a period of 50 weeks. The 
maximum period may be reduced by 
taking board approved continuing 
education programs as detailed in 
Rule .0518. Each applicant will be 
required to serve as an 
administrator-in-training for a 
minimum of 12 weeks except as 
provided in Paragraph s (a) or (d| of 
this Rule. 

(d) The minimum 12 weeks of 
service as an administrator- in- 
training may be reduced upon the 
submission of evidence satisfactory' 
to the board that the applicant: 

(1) has served as the 
administrator of a hospital 
which has beds licensed to be 
used for nursing home levels of 
care for two years within the 
previous three years. Such 
administrator shall have been 
directly responsible for the 
day-to-day operations of the 
nursing home unit with the 
department heads of that unit 
reporting directly to the 
applicant; or, 

(2) has served as the director 

of nursing of a facility licensed 
as a nursing home for four years 
within the previous five years. 



Statutory A uthority 
90-285. ' 



G.S. 90-278; 



TITLE 25 - DEPARTMENT OE 
STATE PERSONNEL 

Notice is hereby given in accordance 
with G.S. 150B-12 thai the Office of 



The public hearing will be conducted 
at 9:00 a.m. on August 18, 1987 at 
101 IV. Peace Street, Raleigh, North 
Carolina 2761 1 . 

Comment Procedures: Interested 
persons may present statements either 
orally or in writing at the public 
hearing or in writing prior to the 
hearing by mail addressed to Drake 
Maynard, Office of State Personnel, 
116 W. Jones Street, Raleigh, North 
Carolina 2761 1 . 

CHAPTER 1 - OFFICE OF STATE 
PERSONNEL 

SUBCHAPTER IE - EMPLOYEE 
BENEFITS 

SECTION .0700 - WORKER'S 
COMPENSATION LEAVE 

.0704 COVERAGE 

All North Carolina State 
Government employees are covered 
under the North Carolina Workers' 
Compensation Act. Those covered 
include all employees and officers of 
the state including elected officials, 
members of the General Assembly, 
and persons appointed to serve on a 
per diem, part-time or fee basis. 
Any employee who suffers an 
accidental injury or contracts an 
occupational disease within the 
meaning of the Workers' 
Compensation Act is entitled to 
benefits provided by the Act. The 
employee is entitled to medical 
benefits and compensation for time 
lost from work and any disability 
which results from the injury. The 
state has a "self-insured" program 
and expenditures are paid from 
current operating budgets. 

Statutory Authority G.S. 126-4. 

.0705 ADMINISTRATION 

(a) Each state agency is 
responsible for accepting employer 
liability for the state and paying 



183 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



claims. To assure the employee of 
the benefits provided by the 
Workers' Compensation Act and to 
effectively control the cost related to 
on-the-job injuries, each agency shall 
designate a Workers' Compensation 
Administrator to be responsible for 
the effectiveness of processing and 
monitoring the workers' 

compensation claims. 

(1) The agency shall, on those 
cases that involve possible 
litigation issues, contact the 
Attorney General's Office who 
will defend all cases for the state 
before the Industrial 
Commission. 

(2) The agency shall submit all 
reportable claims and valid 
medical and compensation 
payments to the Industrial 
Commission for approval. The 
Industrial Commission is 
responsible for insuring that 
each employer administers the 
provisions of the Workers' 
Compensation Act. 

(b) The Office of State Personnel 

through its Employee Safety and 

Health Division is responsible for 

providing assistance to agency 

personnel in managing their workers' 

compensation programs and insuring 

that all agencies provide consistent 

application of coverage and 

compensation to injured employees. 

(1) The Employee Safety and 

Health Division shall measure 

and evaluate the effectiveness of 

the workers' compensation 

program at each agency and 

recommend changes to achieve 

optimum results. It shall 

maintain a statistical data base 

summarizing a statewide 

analysis of total expenditures 

and injuries, and develop 

training and educational 

materials for use in training 

programs for the agencies. 

Statutory Authority G.S. 126-4. 

.0706 RESPONSIBILITY OF 

EMPLOYEE AND EMPLOYER 

(a) In accordance with G.S. 97-22 

notice of an accident must be given 

to the employer by the employee or 

his/her representative as soon as 

possible. No compensation shall be 

payable unless such written notice is 



given 30 days after occurrence of the 
accident or death, unless reasonable 
excuse is made to the satisfaction of 
the Industrial Commission for not 
giving such notice and the 
commission is satisfied that the 
employer has not been prejudiced 
thereby. 

(b) The agency is required by law 
to report the injury to the North 
Carolina Industrial Commission 
using the I.C. Form 19 within five 
days from knowledge thereof any 
claim that results in more than one 
day absent from work or if medical 
expenses exceed five hundred dollars 
($500). 

(c) Responsibility for claiming 
compensation is on the injured 
employee. A claim must be filed by 
the employee through the 
agency/ university with the North 
Carolina Industrial Commission 
within two years from the date of 
injury or knowledge thereof. 
Otherwise, the claim is barred by 
law. 



Statutory 
126-4. 



Authority G.S. 97-22; 



.0707 LSE OF LEAVE 

(a) The Workers' Compensation 
law provides medical benefits and a 
weekly compensation benefit equal 
to 66 2/3 percent of the employee's 
average weekly earnings up to a 
maximum established by the 
Industrial Commission each year. 
When an employee is injured, he/she 
must go on workers' compensation 
leave and receive the workers' 
compensation weekly benefit after 
the required waiting period required 
by G.S. 97-28. One of the following 
options may be chosen: 

(1) Option 1: Elect to take sick 
or vacation leave during the 
required waiting period and 
then go on workers' 
compensation leave and begin 
drawing workers' compensation 
weekly benefits. 

(2) Option 2: Elect to go on 
workers' compensation leave 
with no pay for the required 
waiting period and then begin 
drawing workers' compensation 
weekly benefits. 

If the injury results in disability of 



,\ORTH CAROLINA REGISTER 



184 



PROPOSED RULES 



more than a specified number of 
days, as indicated in G.S. 97-28, the 
workers' compensation weekly 
benefit shall be allowed from the 
date of disability. If this occurs in 
the case of an employee who elected 
to use leave during the waiting 
period, no adjustment shall be made 
in the leave used for these workdays. 

(b) In either case, after the 
employee has gone on workers' 
compensation leave, the weekly 
benefit may be supplemented by the 
use of partial earned sick or vacation 
leave in accordance with a schedule 
published by the Office of State 
Personnel each year. Since the 
employee must receive the weekly 
benefit, this will provide an income 
approximately equal to the past 
practice of using 100 percent of sick 
or vacation leave. 

(c) Compensatory time may be 
substituted for sick or vacation leave 
if applied within the time frames 
provided under the Hours of Work 
and Overtime Compensation Policy. 

(d) If the employee has earned 
leave or compensatory time and 
chooses to use it while drawing the 
weekly benefit, it would be paid on a 
temporary payroll at the employee's 
hourly rate of pay. It is subject to 
State and Federal withholding taxes 
and Social Security, but not subject 
to retirement, just the same as other 
temporary pay. 

(e) Unused leave may be retained 
for future use. (Note: If an 
employee has over 240 hours of 
vacation leave at the time an injury 
occurs, depending on the nature and 
time of the injury and the 
anticipated time out of work, he/she 
should be advised to exhaust leave in 
excess of the 240 hours - particularly 
if the injury occurs late in the year 
when it would possibly cause a loss 
of vacation at the end of the year.) 

Statutory Authority G.S. 126-4. 

.0708 CONTINUATION OF BENEFITS 

While on workers' compensation 
leave an employee is eligible for 
continuation of the following 
benefits: 
(1) Performance Increase: Upon 
reinstatement, an employee's 
salary will be computed based on 



the last salary plus any legislative 
increase to which entitled. Any 
performance increase which 
would have been given had the 
employee been at work may also 
be included in the reinstatement 
salary, or it may be given on any 
payment date following 

reinstatement. 

(2) Vacation and Sick Leave: 
While on workers' compensation 
leave, the employee will continue 
to accumulate vacation and sick 
leave to be credited to his/her 
account for use upon return. If 
the employee does not return, 
vacation and sick leave 
accumulated during the first 12 
months of leave will be paid in a 
lump sum along with other 
unused vacation. 

(3) Since the employee is on 
workers' compensation leave and 
is not able to schedule vacation 
time off, the accumulation may 
in some cases exceed the 240 
hours and shall be handled as 
follows: 

(a) The 240-hour maximum to 
be carried forward to the next 
calendar year may be exceeded 
by the amount of vacation 
accumulated during workers' 
compensation leave. The 
excess may be used after 
returning to work or carried on 
the leave account until the end 
of the calendar year following a 
full year after the employee's 
return to work. 

(b) If the employee separates 
during the period that excess 
vacation is allowed, the excess 
leave to be paid in a lump sum 
may not exceed the amount 
accumulated during the first 12 
months of workers' 
compensation leave. 

(4) Hospitalization Insurance: 
While on workers' compensation 
leave, an employee is in pay 
status and will continue coverage 
under the state's health insurance 
program. Monthly premiums for 
the employee will be paid by the 
state. Premiums for any 
dependent coverage must be paid 
directly by the employee. 

(5) Retirement Service Credit: 



185 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



While on workers' compensation 
leave an employee docs not 
receive retirement credit. As a 
member of the Retirement 
System, the employee may 
purchase credits for the period of 
time on an approved leave of 
absence. Upon request by the 
employee, the Retirement System 
will provide a statement of the 
cost and a date by which 
purchase must be made. If 
purchase is not made by that 
date, the cost will have to be 
recomputed. 

Statutory Authority G.S. 126-4. 

.0709 RETURN TO WORK 

When an employee, who has been 
injured on the job and placed on 
workers' compensation leave, has 
been released to return to work by 
the treating physician, there are three 
possible return to work situations. 

(1) When an employee who is on 
workers' compensation leave, has 
reached maximum medical 
improvement and has been 
released to return to work by the 
treating physician, the agency 
shall return the employee to the 
original position he/she held 
prior to workers' compensation 
leave. 

(2) When an employee, who has 
not reached maximum medical 
improvement, is ready to return 
to limited work duty with 
approval of the treating 
physician, but retains some 
disability which prevents 
successful performance in the 
original position, the agency shall 
provide work reassignment 
suitable to the employee's 
capacity which is both 
meaningful and productive, and 
advantageous to the employee 
and the agency. This work 
reassignment shall be a 
temporary assignment and shall 
not exceed 90 days without 
approval from the agency 
personnel officer. When the 
employee reaches maximum 
medical improvement the agency 
shall return the employee to the 
original position held prior to 
workers' compensation leave. 



(3) When an employee that has 
received a disability which 
prohibits employment in his/her 
previous position and has 
reached maximum medical 
improvement and been released 
to return to work by the treating 
physician the agency shall 
attempt to place the employee in 
another position suitable to the 
employee's capacity which is 
both meaningful and productive, 
and advantageous to the 
employee and the agency. This 
work placement may be a 
permanent assignment or either a 
part-time or temporary 

assignment until a permanent 
assignment is found. 

(a) If a position is not available 
for work placement, the agency 
shall appoint the employee to 
the first suitable vacancy which 
occurs. During the interim 
period a suitable vacancy is not 
available, the employee shall be 
referred to the Office of State 
Personnel for reemployment 
assistance and a possible return 
to work in another agency. 

(b) Work placement efforts will 
continue for a period not to 
exceed 12 months, except with 
the approval of the agency 
personnel officer. Any time an 
employee has reached 
maximum medical improvement 
and is taken off workers' 
compensation leave but a 
position is not available the 
employee shall be placed in 
leave without pay status. While 
in leave without pay status the 
employee may make 
arrangements to ' continue 
coverage under the state's health 
insurance plan. The employee 
is responsible for paying the 
total premium cost. 

(c) In some cases the extent of 
disability may be such that 
vocational rehabilitation will be 
necessary. If so, the agency will 
be responsible for making the 
necessary arrangements for such 
training which may be necessary 
to assist the employee to obtain 
suitable employment consistent 
with their performance 
capabilities. 



NORTH CAROLINA REGISTER 



186 



PROPOSED RULES 



Statutory Authority G.S. 126-4. 

.0710 REFUSAL OF SUITABLE 
EMPLOYMENT 

The Workers' Compensation Act 
prevents employers from firing or 
demoting employees in retaliation 
for pursuing remedies under the Act, 
but does not speak to reemployment 
after an employee has been released 
by the treating physician to return to 
work. If an employee who has been 
on workers' compensation leave has 
reached maximum medical 

improvement, and been released to 
return to work by the treating 
physician refuses suitable 

employment in keeping with his her 
capacity, the employer has the right 
to implement dismissal procedures. 

Statutory Authority G.S. 126-4. 

.0711 FAILURE TO COOPERATE 

When it has been determined that 
the employee has not fully 
cooperated with the intent and spirit 
of the Worker's Compensation 
Policy, management may terminate 
the employee. Workers' 

compensation benefits may be 
continued or discontinued in 
accordance with the provisions of 
the Workers' Compensation Act. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER 1H - RECRUITMENT 
AND SELECTION 

SECTION .0600 - GENERAL 
PROVISIONS 

.0605 SPECIAL APPLICANT 

CONSIDERATIONS: AGENCY 
RESPONSIBILITIES 

k4 Employment oi Aliens . 
Applicants from other countries , 
who da not have United States' 
citizenship , must have proper 
authorisation from the U . S . 
Immigration and Naturalization 
Service (INS) to be considered tor- 
employment , 

Statutory- Authority G.S. 126-4; 
128- 1 5. 

.0616 AGENCY RESPONSIBILITY 

(a) All state agencies and 
universities shall, within three 
working days from entry on duty, 



verify the employment eligibility of 
all new employees hired on or after 
November 7, 1986. Verification 
must establish both identity and 
employment authorization, and shall 
include the completion of federal 
Form 1-9. INS has approved a 
number of documents which the 
employee can provide to meet this 
purpose, and it is not permissable 
for agencies to specify a certain 
document type. Form 1-9 must be 
retained for three years after the 
employee's hiring date, or one year 
after the employee's separation, 
whichever is later. 

(b) If an employee's work 
authorization expires, the agency 
shall update the Form 1-9 to show 
that the employee has a renewed 
authorization to continue 

employment; if an authorization 
renewal cannot be obtained, 
employment must be discontinued. 
If a prior employee is reemployed 
within three years of the initial 
completion of Form 1-9, and the 
information on the initial form 
remains accurate, it is not necessary 
for the employing agency to 
complete a new Form 1-9. In 
instances of promotion, demotion, 
and/or reemployment involving 
inter-agency transfer, the original, 
employing agency must provide to 
the employee or the receiving 
agency, upon request, a copy of the 
most recent Form 1-9. 

Statutory Authority G.S. 126-4(4); 8 
CFR Parts 109 arid 274a, 1987. 

.0617 EMPLOYEE'S RESPONSIBILITY 

AU employees hired on or after 
November 7, 1986. must present 
documents to the employing agency 
or university within their first three 
work days which verify their identity 
and employment authorization. If 
an employee is unable to present the 
actual documents within this time 
limit, he she must present a receipt 
from INS within the three day 
period validating his her application 
for the required documents, and 
must provide the actual documents 
within 21 days of initial 
employment. An employee whose 
original work authorization has 
expired must present proof of an 



187 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



authorization renewal in order to 
remain employed. 

Statutory Authority G.S. 126-4(4); 8 
CFR Parts 109 and 274a, 1987. 

SUBCHAPTER 1L - AFFIRMATIVE 
ACTION 

.0001 DUTIES OF SECTION 

The affirmative action section of 
the Office of State Personnel is 
responsible for developing and 
administering a program to ensure 
greater utilization of all persons by 
identifying previously underutilized 
groups in the workforce, such as 
minorities, women, and the 
handicapped handicapped persons; 
and making special efforts toward 
their recruitment, selection, 

development and upward mobility. 

Statutory Authority G.S. 126-4; 
126-16. 

.0002 POLICY 

(a) It is the official policy of the 
State of North Carolina to provide 
all current employees and applicants 
for state employment with equal 
employment opportunities, without 
discrimination on the basis of race, 
color, religion, national origin, sex, 
age, or physical handicap 
handicapping condition. 

(b) The commitment to equal 
career opportunity shall be 
undertaken through a continuing 
program of affirmative action in 
order to: 

(1) assure that all personnel 
policies and practices relevant to 
total employment in state 
government will guarantee and 
preserve equal employment 
opportunities for all persons of 
the state; 

(2) assure more equitable 
representation of women, 
minorities, and the handicapped 
handicapped persons 
throughout all aspects of the 
state's workforce. 

Statutory Authority G.S. 126-4(10); 
126-/6. 

.0004 PROGRAM IMPLEMENTATION 
- DEPARTMENT LEVEL 

(a) Each department head of state 



government shall develop and 
implement a departmental 

affirmative action program designed 
to solve problems in those areas that 
adversely affect women, minorities 
and handicapped handicapped 
persons. 

(b) Each department shall present 
such a plan for this affirmative 
action program to the Office of State 
Personnel for review, technical 
assistance and approval by the 
Director of State Personnel. 

(c) Each department's affirmative 
action plan shall meet all 
requirements of the administrative 
EEO/AA Planning and Resources 
Guide and shall include but not be 
limited to the following elements: 

(3) a recruitment program 

designed to attract minorities, 
women and handicapped 
persons to all levels of 
employment; 

(6) a program of training to 
enhance employee development 
and advancement opportunities. 
Such program shall include a 
process to ensure that 
minorities, women and the 
handicapped handicapped 

persons have adequate 

representation and participation 
in internal and external training 
programs such as Supervisory 
Training, Public Managers 
Program, Education Assistance 
Program and Government 
Executives Institute; 

(8) reduction-in-force mechanism 
procedures which maintain the 
proportion of protected group 
members in the departmental 
workforce and preserves gains 
made in utilizing protected 
group members; 

Statutory Authority G.S. 126-4(10); 
126-16. 

.0005 PROGRAM PLAN REVIEW 

(a) Each state department/agency 
employing SPA employees shall 
submit annually an Affirmative 
Action Plan (update of entire plan 
or revisions as specified) or shall 
submit an application " Tor a 
three-year EEO/AA planning cycle 
and a Three-year Affirmative Action 
plan to the Office of State Personnel 



NORTH CAROLINA REGISTER 



188 



PROPOSED RULES 



for review, technical assistance, and 
approval by the State Personnel 
Director. to the Oflice ot State 
Personnel . The submission date will 
be October 1 of each year for annual 
plans or October ]_ of the year in 
which the previously approved 
three -year plan is to end. 

(b) Each department shall submit 
to the Office of State Personnel a» 
"assessment ui progress" o» forms 
supplied by the Office of State 
Personnel . The report shall be 
submitted periodically on a» 
as - needed basis ; such need will be 
determined by the Office of State 
Personnel . "The asse s sment of 

shall be used &u t he 



departments tot s elf - monitoring and 
u*ed by the Office at State Personnel 
as a basis tot technical assistance to 
the department s, Each state 

department/agency applying for 
three-year Affirmative Action Plan 
approval shall, in the judgement of 
the State Personnel Director, meet 
each of the preliminary requirements 
for three-year EEO/AA plan 
approval stated in the Standards For 
Three-Year Plan Approval issued by 
the Equal Opportunity Services 
Division of the Office oF State 
Personnel. 

Statutory Authority G.S. 126-4(10); 
126-16. 



189 



XORTH C A ROUS A REGISTER 



FINAL RULES 



When the text of any adopted rule 
differs from the text of that rule as 
proposed, upon request from the 
adopting agency, the text of the 
adopted rule will be published in this 
section. 

When the text of any adopted 
rule is identical to the text of that as 
proposed, adoption of the rule will be 
noted in the "List of Rules Affected" 
and the text of the adopted rule will 
not be republished. 

A dopted rules filed by the 
Departments of Correction, Revenue 
and Transportation are published in 
this section. These departments are 
not subject to the provisions of G.S. 
150B, Article 2 requiring publication 
of proposed rules. 

TITLE 5 - DEPARTMENT OF 
CORRECTIONS 

CHAPTER 2 - DIVISIONS OF PRISONS 

SUBCHAPTER 2A - ORANIZATION AND 
PERSONAL CONDUCT 

SECTION .0200 - CONDUCT OF 
EMPLOYEES 

.0202 CONDITIONS OF EMPLOYMENT 

(e) Use of Inmate Labor, State 
Owned supplies and Equipment: 

(1) No work will be done in any 
shop or by any inmate for the 
private purposes of any 
employee or any other person 
except as specifically authorized 
by law or regulation. No 
employee shall derive any direct 
or indirect benefit from the use 
of inmate labor. Further, no 
other person may derive either 
direct or indirect benefit from 
the use of inmate labor which is 
not specifically authorized by 
law or regulation. 

(2) No employee will consume 

or use equipment, facilities, or 
supplies, including scrap 
material, except as he may be 
legally entitled to do. All 
equipment, facilities, and 
supplies provided by the 
department will be used 
according to design and 
instructions for the safety of 
inmates, personnel, and other 



persons. Provided, the transfer 
and disposition of all surplus 
state property, including scrap 
material, shall be conducted in 
accordance with procedures 
established by the Department 
of Administration, Auxiliary 
Services Section, codified at 1 
NCAC 4G .0100 through 4G 
.0500. No state-owned 

property will be transferred or 
sold without written 

authorization of the Auxiliary 
Services Director. Food, 

cleaners, and other supplies will 
be used according to recipes and 
instructions. 

History Note: Statutory 
Authority G.S. 143-3; 
148-11; 148-23; 
Eff. February 1, 1976; 
Amended Eff July 1, 1987; 
May 1, 1987; August 1, 1983. 

SUBCHAPTER 2D - PUBLIC 
COMMUNICATIONS 

SECTION .0600 - ACCESS TO 
INFORMATION/INMATE RECORDS 

.601 INMATE RECORDS 

(a) Matters of public record will 
be made available for examination 
upon request. Copies may be 
provided at the expense of the 
requestor. An inmate's or former 
inmate's name, age, race, sex, offense 
for which convicted, court where 
sentenced, length of sentence, date of 
sentencing, date of arrival at or 
transfer from a prison, program 
placements and progress, custody 
classification, disciplinary offenses 
and dispositions, escapes and 
recaptures, dates regarding release, 
and the presence or absence of 
detainers will be considered matters 
of public record. Except as provided 
in this Section, no other material 
may be released to anyone. 
Unauthorized release of confidential 
information by departmental 
employees will be cause for 
immediate dismissal or other 
appropriate disciplinary action. 

(b) Medical records, except for 
psychiatric and psychological 
evaluations of an inmate or former 
inmate may be released to a 
physician, the legal representative of 
the inmate, or the personal 



NORTH CAROLINA REGISTER 



190 



FINAL RULES 



representative of a deceased former 
inmate with the written consent of 
the person to whom such records 
pertain or the personal representative 
of such person if the inmate is 
deceased. Upon written consent, the 
content of an inmate's mental health 
records may be released to the 
attending psychologist, psychiatrist, 
or governmental agencies directly 
involved in mental health, 
rehabilitation, or disability services 
or evaluations. Even with written 
consent, specific clinical information 
shall not be released to non-mental 
health professionals, including 
attorneys, family members, 

employers, and members of the news 
media. Copies will be provided at 
the expense of the requestor. 

(c) Material contained in inmate 
files may be released to official 
federal and state law enforcement 
agencies when their representatives 
present proper credentials. Such 
agencies must agree to maintain the 
confidential nature of the material or 
information. Materials will be 

provided to the courts upon request. 

Hislon' Xote: Statutory 
Authority G.S. 148-11; 
Eff. Februan 1, 1976; 
Amended Eff. July 1, 1987. 

SUBCHAPTER 2F - CUSTODY AND 
SECURITY 

SECTION .0600 - CUSTODIAL 
CLASSIFICATIONS 

.0605 COMMUNITY RESOURCE 
COUNCILS 

(a) General. Community 
Resource Councils are developed to 
provide orderly assistance in 
stimulating community involvement 
and to promote volunteerism in 
prison facilities tliroughout the state. 
Council activities shall be governed 
by Department of Correction 
policies and procedures. 

(b) Location. Each Division of 
Prisons facility will organize and 
maintain a community Resource 
Council. Councils will be 
established based on the nature and 
function of each facility. Upon 
written justification, a facility may 
request a temporary exemption from 
the Director of Prisons. 

(c) Appointment: 



(1) The superintendent of each 
each prison facility and the 
respective area administrator, if 
appropriate, will recommend 
persons to serve as council 
members. Each superintendent 
and area administrator will 
confer with local community 
leaders during the selection 
process. The list of nominees 
will be submitted to the 
Department of Correction 
through the chain of command. 
The Secretary of Correction will 
present final recommendations 
to the Governor. The 
Governor may also consider 
other recommendations. 

(2) The Governor shall appoint 
council members to two-year 
terms. Council appointments 
will be made annually, with 
appointments effective January 
1 of each year. When 
unscheduled vacancies occur, 
new appointees will serve the 
unexpired term of the council 
member being replaced, and 
may be eligible for 
reappointment to a full term. 

(3) During the initial 
organization of each council, 
members will be appointed to 
serve staggered terms. Each 
year members will be 
reappointed; however, no 
council shall make By-laws or 
other policies which call for the 
election of more than one half 
its members during any one 
year. 

(4) The Governor may remove 
any member of the council for 
misfeasance, malfeasance, or 
nonfeasance in accordance with 
the provisions of G. S. 143B-16 
of the Executive Organization 
Act of 1973. 

(d) Statement of Purpose: 

(1) Councils shall be governed 

in general principle by an 
established statement of purpose 
approved by the Secretary of 
Correction. Copies of this 
purpose statement will be 
maintained in the Office of the 
Secretary. 

(2) Unit superintendents and 
council chairpersons shall clarify 
the specific mission and purpose 



191 



XORTH CAROL1SA REGISTER 



FINAL RULES 



of each Community Resource 
Council. Other goals and 

short-term planning strategies 
should be developed to provide 
positive leadership and 

recognition of members for the 
achievement of correctional 
goals established by the local 
facility, the administration, and 
the Community Resource 
Council. 

(e) By-Laws. Each council shall 
adopt standard by-laws. Issues not 
addressed by the standard by-laws 
are reserved to the discretion of 
individual councils but must comply 
with state law and with departmental 
policies and procedures. 

(f) Community Resource Council 
Activities: 

(1) Volunteers. The council 
should be involved in 
recruitment of volunteers to 
assist in providing volunteer 
services or fund-raising activities 
at the facility. 

(2) Fund- Raising. Special, local 
council fund-raising quidelines 
must be designed to assure that 
gifts and donations are 
appropriately receipted. If a 
major (anything greater than 
one thousand dollars ($1,000) 
fund-raising project is 
contemplated, such as for the 
construction of a chapel, a 
separate fund-raising body must 
be established and incorporated 
as a nonprofit organization. All 
proposed major fund-raising 
projects must be approved by 
the secretary prior to 
commencement of the project. 

(3) Program Activity. 
Acceptable program activities 
for council volunteers may 
include assisting inmate families 
in understanding prison policies 
and procedures, providing 
workshops for staff on relevant 
issues, or generating in-kind 
contributions of equipment and 
supplies. Provided, any in-kind 
contribution in an amount 



greater than one thousand 
dollars ($1,000) shall be subject 
to the approval of the secretary, 
(g) Training: 

(1) A training program 
approved by the Office of 
Volunteer Services will be 
conducted by each unit 
superintendent or a designee for 
each council member. 

(2) Training should be offered 

to councils on a continuing 

basis to assure efficiency of 

operations and the achievement 

of Department of Correction 

goals. 

(h) Reporting. The chairperson 

of each council shall submit a copy 

of the minutes of each council 

meeting to the Volunteer Services 

Program Consultant and to the 

secretary on a regular basis. These 

reports should reflect council 

activities, achievements and any 

problems. A periodic summary 

report shall be compiled from ail 

minutes submitted to the Office of 

the Volunteer Services Program 

Consultant and distributed to 

council chairpersons, area 

administrators, institution heads and 

unit superintendents. 

(i) Evaluation. Each council 
shall complete an annual evaluation 
to determine its progress and 
effectiveness in meeting community 
needs, staff needs, inmate needs, and 
in the accomplishment of other 
specific objectives set forth by 
policy or those goals established by 
the councils members. 

(j) Recognition Program. 
Recognition activities should be held 
annually to recognize community 
volunteers and other persons 
instrumental in the attainment of 
goals and objectives and other 
special achievements which merit 
recognition. 

History Note: Statutory Authority 
G.S. 148-4; 148-11; 
Eff. July I, 1987. 



NORTH CAROLINA REGISTER 



192 



LIST OF RULES AFFECTED 

NORTH CAROLINA ADMINISTRATIVE CODE 
LIST OF RULES AFFECTED 



EDITION XII, NO. 3 


EFFECTIVE: June I, 1987 


AGENCY 




ACTION TAKEN 


ADMINISTRATION 






1 NCAC 


5B .0809 


Repealed 




.1801-. 1802 


Repealed 




.1902 


Repealed 




.1904-. 1905 


Repealed 




.1908 


Repealed 




6B .0206-.0208 


Amended 




.0306 


Amended 




.0512 


Amended 




.0605 


Amended 




.0607 


Amended 


AGRICULTURE 






2 NCAC 


42 .0102 


Amended 




.0201 


Amended 




.0401 


Amended 


COMMERCE 

4 NCAC 


1G.0101-.0103 


Temp. Adopted 
Expires 8-24-87 




.0201-. 0203 


Temp. Adopted 
Expires 8-24-87 




.0301-.0302 


Temp. Adopted 
Expires 8-24-87 




2S .1020 


Adopted 



GOVERNOR'S OFFICE 

9 NCAC 2 



Executive Order Number 43 

Eff. April 7, 1987 
Executive Order Number 44 

Eff. April 22, 1987 
Executive Order Number 45 

Eff. April 22, 1987 
Executive Order Number 46 

Eff. April 22, 1987 



HUMAN RESOURCES 

10 NCAC 



IB .0201 


Amended 


.0206 


Amended 


.0208-. 0213 


Amended 


.0215-.0216 


Amended 


.0219-.0220 


Amended 


.0222 


.Amended 


.0223-.0224 


Adopted 


IF .0401-. 0406 


Adopted 


4C .1014 


Amended 


.1107 


Amended 


.1125 


Amended 


.1138 


Amended 


.1142 


Amended 



193 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



.1146 Adopted 

42C .2302 Amended 

.3003 Amended 

42W.0003 Amended 

.0005 Adopted 

LABOR 

13 NCAC 7C.0101 Amended 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

15 NCAC 10F .0310 Amended 

.0314 Amended 

.0352 Adopted 

VETERINARY MEDICAL BOARD 

21 NCAC 66 .0309 Adopted 

HOUSING FINANCE AGENCY 

24 NCAC 



1D.0103 




Repealed 


.0501- 


.0503 


Amended 


1H.0103 




Amended 


U .0101 




Amended 


.0103- 


.0105 


Amended 


.0106 




Repealed 


.0107 




Adopted 


.0201- 


.0202 


Amended 


.0203 




Repealed 



KOR TH CA R OLUVA REGIS TER 1 94 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA 
ADMINISTRATIVE CODE 



TITLE 



DEPARTMENT 



1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

Cultural Resources, Department 

8 Elections, State Board of 

9 Governor 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control, Department of 

1 5 Natural Resources and Community Development 

16 Education, Department of 

17 Revenue, Department of 

1 8 Secretary of State 

19A Transportation, Department of 

20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 Personnel, Department of State 

26 Office of Administrative Hearings 

NOTE: Title 21 contains the chapters of the various occupational 
licensing boards. 



CHAPTER 



LICENSING BOARD 



2 
4 
6 
8 

10 
12 
14 
16 
is 
20 
21 
22 
26 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners. Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Law Examiners, Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapist, Board of 

Opticians, Board of 



195 



\ORTH CAROLINA REGISTER 



NC AC INDEX 



42 Optometry, Board of Examiners in 

44 Osteopathic Examination and Registration 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NORTH CAROLINA REGISTER 196 



CUMULA TIVE INDEX 



CUMULATIVE INDEX 

(April 1987 - March 1988) 



1987 - 1988 

Pages Issue 

1-137 April 

138 - 169 May 

170-198 June 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision Letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Order 

LRA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 

ADMINISTRATION 

State Employees Combined Campaign, 13 PR 

AGRICULTURE 

Pesticide Board, 13 PR 

COMMERCE 

Departmental Rules, 14 PR, 143 PR 
Savings & Loan Division, 147 PR 

CORRECTION 

Division of Prisons, 105 FR, 190 FR 
Parole Commission, 106 FR 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 159 PR 

EXECUTIVE ORDERS 

Executive Orders 34 - 42, 1 EO 

43 - 46, 138 EO 

47 - 49, 171 EO 

FINAL DECISION LE1TERS 

Voting Rights Act. 10 FDL, 141 FDL 

HUMAN RESOURCES 



197 \OR TH CA ROUS A REGIS TER 



CUMULA TIVE INDEX 



AFDC, 156 PR 

Facility Services, 174 PR 
Family Services, 152 PR 
Individual and Family Support, 153 PR 
Medical Assistance, 174 PR 
Medical Services, 149 PR 
Mental Health Retardation 
and Substance Abuse, 15 PR 
Notice, 170 C 

INSURANCE 

Life Accident & Health Division, 17 PR 

JUSTICE 

Education and Training Standards, 19 PR 

LICENSING BOARD 

Chiropractic Examiners, 178 PR 

Medical Examiners, 95 PR 

Nursing Home Administrators, 182 PR 

LIST OF RULES AFFECTED 

Volume 12, No. 1 
(April 1, 1987), 131 LRA 
Volume 12, No. 2 
(May 1, 1987), 163 LRA 
Volume 12, No. 3 
(June 1, 1987), 193 LRA 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 94 PR, 160 PR 
Economic Opportunity, 161 PR 
Environmental Management, 29 PR 
Marine Fisheries, 84 PR 
Wildlife Resources, 175 PR 

REVENUE 

Individual Income Tax, 107 FR 
Motor Fuels Tax, 108 FR 

STATE PERSONNEL 

Employee Benefits, 183 PR 

State Personnel Commission, 96 PR 

STATE TREASURER 

Departmental Rules, 161 PR 
Investment Program, 177 PR 

TRANSPORTATION 

Motor Vehicles, 109 FR 



NORTH CAROLINA REGISTER 198